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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The court of first instance dismissed the plaintiff's primary claim and rejected the conjunctive claim.
On this issue, the plaintiff did not appeal against the conjunctive claim in the judgment of the court of first instance, and appealed only to the primary claim.
Therefore, the subject of the judgment of this court is limited to the primary claim among the judgment of the first instance.
2. The facts below the facts of recognition do not conflict between the parties, or may be found in the entry in Gap evidence Nos. 1 to 4, 6, 7, and Eul evidence Nos. 1 to 3 (including serial numbers), by integrating the whole purport of the pleadings.
On or before December 12, 2011, the Plaintiff was awarded a contract on February 24, 2012, 201, with the construction cost of KRW 143 million (including value-added tax) among the construction works for the creation of high-tech general science industrial complex in Jung-Eup as shown in the attached Table 1 from DNA Co., Ltd. (hereinafter “Defendant DNA”) by the Plaintiff, as indicated in the attached Table 1, for the construction works for the creation of high-tech general science industrial complex in Jung-Eup (hereinafter “instant construction works”).
(hereinafter “instant contract”). At the time of entering into the instant contract, the Plaintiff received advance payment of KRW 55 million, and started and started the instant construction, and suspended the instant construction work on December 201.
B. The plaintiff asserted that "the plaintiff agreed to settle the progress payment and agreed to the contract of this case between the defendant DNA and the defendant DNA, and completed the construction works concerning the farmland 1, B and D in the construction of this case, and completed the construction works concerning the farmland 1, B and D in the construction of this case, and 20% of the land C and E in the construction of steel franchising and construction works for steel franchising, etc." against the defendant DNA branch of Jeonju District Court of Nam-gu in 2013Gau2479, the plaintiff paid the progress payment and steel 7,520,520,5570, 20,555,942, including the total sum of the construction payment and steel franchising cost, and the profit and management expenses, and 11,611,536 won, among total 109,68,046,666.